Dickinson, ND asked in Child Custody, Child Support and Family Law for North Dakota

Q: Child custody

We were living in oklahoma from April 2017 to April 2018. My children's dad and I decided to move back up to North Dakota. And he went back to Oklahoma for work and we ended up splitting up a month and a half later. He's threatened to take the kids away from me in the past. He raped me whenever we were first together. (Was together for 3years) I was to scared to leave him whenever that happened and I was already pregnant with the twins at the time and he has a really bad temper. It's gotten better a little now. Me and the kids lived in Montana since the beginning of April and moved to North Dakota on April 30 on this year. Can he make the kids stay in oklahoma if he filed for joint custody? He also can't keep a job right now and is living in a camper with his ex-boss and currently switching jobs. We have never been married.

1 Lawyer Answer
Nicholas Nelson
Nicholas Nelson
  • Wahpeton, ND
  • Licensed in North Dakota

A: Your question has multiple factors that cannot be adequately answered without a full consultation.

However, general speaking, a parent may bring a custody dispute in ND if the child lives in ND. To protect your parental rights, you may want to file for a judicial order that gives you custody and prevents the father from taking the children out of state.

***This is general legal information, and I cannot provide adequate legal advice without first discussing at length the particular facts and circumstances of your matter.***

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